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"Never under any condition should this nation look at an immigrant as primarily a labor unit. He should always be looked at primarily as a future citizen."-Theodore Roosevelt, 1917

"It is not possible to be in favor of justice for some people and not be in favor of justice for all people."-Dr. Martin Luther King, Jr.

"Isaona i tumungo’ ya ha sedi, ki ayo i mismo umisagui hao. Greater is the fault of he who allows the injustice upon himself. "-Chamorro proverb

"There can be no tyrants where there are no slaves." -Jose Rizal

"I am not interested in picking up crumbs of compassion thrown from the table of someone who considers himself my master. I want the full menu of rights." -Bishop Desmond Tutu

Disclaimer: This is not a legal blog. No opinion or statement should be perceived as legal advice. All posts are the opinion of the author or contributors who are expressing their First Amendment Rights.

The recent rape of a club worker in Saipan and the murder of Emie Romero bring to light the high incidence of violent crimes against women and children in the CNMI.
Isn't it time that the community and officials unite to come up with solutions to end the trend of violent crimes?

Could harsher sentences be a deterrent to domestic violence? Too many of the sentences handed down in CNMI domestic violence cases have been insultingly lenient. Ilo who threw the can of beer at his wife while she was breast feeding her baby got 13 days, but the days were already served so he walked free!
Antonio Hocog Indalecio threatened to attack family members with a screwdriver and metal pipe while under the influence of illegal drugs. Superior Court Associate Judge David Wiseman sentenced him to 18 months in prison, all suspended except for 67 days, which were credited for the time he served in jail. He walked free. The sentence handed down to police officer Gordon Odoshi Seman who beat his wife while drunk was also astonishingly lenient. Associate Judge Kenneth Govendo let him walk free after he beat his wife in a drunken rage. He was sentenced only to probation, a small fine and was ordered to write a letter of apology. (I am assuming he was not removed from his position as police officer.)

In 2010 when Melvin N. Basa, a repeat offender, was sentenced to only 29 months in prison and five years of probation after attacking his mother-in-law with a knife. The mother-in-law told Associate Judge Kenneth Govendo that the sentence was too lenient. The Saipan Tribune reported:

Basa's mother-in-law asked the court to reconsider the 29-month prison term as she finds the sentence very lenient.

“I still cannot understand why you're giving him a lenient sentence of 29 months. It's not his first time!” the mother-in-law said.

She told Govendo that Basa pointed a knife at her and her husband. She said giving Basa a lenient sentence because he was drunk is not acceptable.

In addition to the enormous number of cases of domestic violence, the number of rapes and sexual assaults in the CNMI is staggering in proportion to the small population. More alarming is the fact that the vast majority of the sexual assaults or rapes were committed against young girls and minors.

Over the years many of the offenders received lenient sentences and others were granted parole after serving a fraction of their sentences.

I have compiled a list of over 140 cases of sexual assaults, rapes, and attempted rapes where charges were filed or the assaults were reported. The cases date from between 1996 and 2012. I am sure that there are more –these represent only cases found through a search of newspaper archives. (As in many domestic violence cases, many rapes and sexual assaults are not reported because of threats, fear or shame.)

Some of the violent offenders attacked more than one person or were repeat offenders. There are hundreds of other cases where no charges were filed either because they were not reported to authorities or the authorities did not press charges. The following are some cases that were reported:

In August 2011 Tinian resident Alvin Lizama raped two minors. One became pregnant and delivered a child. He was charged with sexual abuse of a minor in the first degree, sexual assault in the first degree, and assault and battery. The rapist’s mother, Admanita Lizama was charged child neglect, and failure to report.

In 2008 Patrick Mendiola Calvo was charged with sexually assaulting a 13 year old girl. He was later sentenced to 8 years in prison. In 2000, the government filed two criminal cases against Calvo for allegedly sexually abusing two female minors in 1997 and 1998. The jury acquitted him in one case and in November 2005 the court dismissed the second case after the government moved to drop the charges.

In 2003 a teacher was raped inside a Tanapag Elementary School classroom by Frankie Babuta Castro who was also charged with assault and kidnapping. In April 2000 he was arrested for assault and battery, assault with a dangerous weapon (chased his wife with a knife), illegal possession of marijuana and disturbing the peace. It seems he did not have a very long sentence because within three years he was raping a teacher.

Forced prostitution is another kind of rape taking place in the CNMI. The above list does not include the hundreds of foreign worker women who were recruited to work in legitimate jobs in bars, clubs, hotels, massage parlors and/or restaurants and were sexually exploited. Routinely, these women paid recruitment fees of $3,000 to $6,000 for legitimate jobs, but after arriving in the CNMI they were told that they had to perform as exotic dancers, allow customers to sexually exploit them or would serve as "take out girls (prostitutes for the sleazy establishment's clients).

Reported rapes and sexual assaults have been common in CNMI clubs and massage parlors where women and young girls have been sold to customers against their will. Some clubs kept V.I.P. lists with the names of their best customers who included officials and CNMI government employees, complete with phone numbers. (I have one such list.) I can list dozens of women that I personally know who reported being raped as a result of their employers selling them to men for sex. In most of the cases, no arrests were made, even though many of the women documented the incidents and reported them to authorities.

In the Commonwealth of the Northern Mariana Islands (CNMI), forced labor and forced prostitution have at times been such high-profile issues that a Federal Labor Ombudsman, with an office established within DOI by Congress, operates in the Commonwealth. This office has documented labor abuses as well as numerous claims of foreign women forced into prostitution. Traffickers have been prosecuted for forcing Chinese women into prostitution in a karaoke bar as well as forcing Filipinos to labor and into commercial sexual exploitation. Labor trafficking was also of concern because temporary workers exceed the number of U.S. citizens in the 176 square mile Commonwealth. CNMI enacted its Anti-Trafficking Act in 2005 and has a DOJ funded task force on the largest island, Saipan. In 2008, the most recent year for which data is available, the NGO working on the task force assisted 14 human trafficking victims. CNMI is currently transitioning from independent control of immigration and labor enforcement to federal law and DHS assumed immigration and border control during the reporting period. During the reporting period, DOI requested that the Federal Bureau of Investigation send additional federal investigators to the CNMI to handle the expanding caseload.

In CNMI, there were six reported human trafficking cases involving multiple victims held in clubs, restaurants and massage parlors. A trend was observed involving the cancellation of victims’ return airplane tickets upon admission, stranding them with no !nancial means to return and rendering them wholly dependent on their employers. During the reporting period, the Federal Labor Ombudsman identified 71 victims of trafficking or fraud in labor contracting, of whom about 20 percent were sex trafficking victims. In 2010, the NGO working on the local anti-traf!cking task force assisted 36 human trafficking victims and 40 fraud in labor contracting victims; an additional 31 victims qualified for services but could not be assisted due to insuf!cient funds.

While some of the CNMI cases of forced prostitution or human trafficking have been prosecuted, most have not. The following represents a few of the cases where charges were filed:

In 2005 Wei Qin Sun the owner of the Phoenix Karaoke was charged with with conspiracy to commit foreign transportation for prostitution, and foreign transportation of a person in execution of a fraud scheme; foreign transportation for prostitution; and foreign transportation of person in execution of fraud scheme.

In 2000 Elizabeth Castaneda was sentenced to one year imprisonment for sexual exploitation of her club employees. One employee was brought to Saipan when she was only 14 and she was sexually assaulted numerous times.

In 1998 Kwon Mo Young, Kwon Soon Oh, and Meng Ying Yu were indicted by a grand jury in Saipan on 29 counts, including forced prostitution, involuntary servitude and extortion. From 1996 to 1998 they recruited woman from China to work in a restaurant as waitresses. Instead of waitressing the girls were forced to be bar girls and engage in sex with customers.

If you want to be a voice in the campaign to end violence against women and children join the Take Back the Night event to be held tonight.

On Monday, February 13, 2012 from 8:00 pm until 9:30 pm, a candlelight vigil will be held in remembrance of Emie Romero.

The vigil will take place on Palm Street next to Beach Road, near Godfather's Bar. Please gather in the street by 8:00 PM. At 8:30, a walk will be led around the Garapan Tourist District (clockwise from Godfather's to Winchell's, Fiesta, Hyatt, and back to Godfather's by 9:00 PM).

There will be a moment of silence at 9:00 PM, followed by prayer and song. Please wear white.

Candles will be available for a $5 donation. All proceeds will go to support Emie's two children in the Philippines. Donations will also be accepted at Godfather's Bar and you can donate online HERE.

Who: You
What: Candlelight Vigil
Where: Garapan, meeting near Godfather's
When: Monday, February 13, 2012 from 8:00pm until 9:30pm
Why: To remember Emie, take a stand against violence in our community, and raise some money for her two kids.

29
comments:

Anonymous
said...

I understand that there have been some high profile cases, however I keep hearing people respond by saying we need tougher punishments. To my knowledge the CNMI has the toughest punishment for Domestic Abuse of any U.S. territory. In almost all states someone convicted of a first offense domestic assault can receive a deferred sentence and never even have the conviction even appear on their criminal record if they complete probation or undergo counseling. In the CNMI, there is a mandatory 3 day sentence for something as slight as a push. If tougher sentences really worked, the CNMI would have the lowest drug problem and lowest domestic abuse in the United States. Maybe we need to try to tackle the high incidence of alcholism, bi-polar and other mental disorders that are rampant on the island.

Abuse against women and children in Muslim countries dwarfs the CNMI and everywhere else and I've traveled extensively. You are naming names but start with some real statistics and facts. The CNMI is still a very safe place.

As of 2004, at least 13 other states had mandatory jail time for DV assault. Tennessee may soon be added to the list. The trend is against expungement or suspended imposition of sentence, because a "first offense" is really only the first time the defendant has actually been arrested, after numerous other incidents. Establishing the history of violence in a chronically abusive relationship is the best way to ensure effective prosecution and ultimately save lives.

I was looking at the sexual offender registry and I noticed that it covers only a fraction of the people who were charged with crimes. I am guessing that perhaps they were not all convicted, or perhaps some of the ones who were convicted have not registered, they died or they left the CNMI.

8:51 Abuse against women and children anywhere is a heinous crime. I could find no statistics to support your theory. In fact, it would be almost impossible to support, since rape and sexual assault are crimes that are often unreported.

You think that the CNMI is "a very safe place?" It is not. Yes, there are many unsafe places, but the CNMI has become one of the most unsafe places on U.S. soil. Unsafe, not just because of the high incidence of crime, but also because there is no stable health care system, no stable utility system, no stable retirement system, no stable economy, no stable government, an inferior school system, and corruption oozing from every corner. The vast majority of people generally watch silently as the island crumbles around them, instead of acting to reform. Others, like you, deny the problems so they grow like untreated cancer. It is very sad that one of the most beautiful places on earth also has such an ugly side.

Saipan, it's time to wake-up. It's time to clean this island-up. Too many incidents of domestic violence and sexual assaults have been left unnoticed or ignored. This HAS to stop. There is no reliability on the justice system. No transparency and accountability in DPS. We are quick to cover acts of violence because the perpetrator is a member of our family. Nepotism in this island festered the morality and conscience of men.

Drugs and problems related to alcohol are prevalent in this island. But what has been done to change this? When was the last drug bust in the island? What about prostitution? We all know it's happening and where it's happening, right? But not a damn thing is done to stop it.

People have lost their sense of morality and dignity.

Mindsets need to change.

Come'on, CNMI, instead of buying a case of beer and partying every other day, pay attention to what's going on around you. Invest your money to your children. Invest on something bigger than your life and "good time".

The crime seems to be worsening as many predicted and the theft is following the economy, and it will get much worse. The corruption and nepotism haven’t improved at all, if anything, they are worse. Spousal abuse and child abuse have always been bad here and to a large degree swept under the rug, but I have no statistical data to say whether or not it’s on the increase, but studies show poor economics and domestic violence are related. I agree the water, power, and abysmal medical facilities have threatened our quality of life, but I genuinely don’t think this is a scary dangerous place, because if I did, I would move. So where do we move? Should we move to PI or the US mainland? I know a small town in PI that had 126 (not Manila) murders in 2011, or about one every three days. The incidence of kidnapping there is a daily concern and odds of successful prosecution of the perpetrators are ZERO. The pollution and traffic alone make the dangers much worse than here. The US has 15.5 murders per 100k, about four times higher than the CNMI, but if deaths on the road were included, PI and the US would be TEN times as dangerous. Emie was a nice girl that I had known for a long time and everyone is sick over this, but I do not think the Commonwealth is among the world’s dangerous places. We have had a deranged individual go berserk, three iced up HS students commit a murder, a poker robbery murder, and two little girls go missing the past several years besides this crime, so it ain’t perfect, but I don’t know anywhere that is. We have corrupt governance, a beggars mentality of entitlement from the US, poor educational opportunities, and Juan (need I say more) B. running the hospital, but we also have some peaceful characteristics not found everywhere and a predominantly gun-less society with many kind non-violent residents.

The CNMI crime is off the charts proportionately compared to any place with such a small population, like any small US town. But why I'm leaving is the fall of the hospital. We're all taking chances in case we're in a car crash or get really sick. I could take a chance if it's just me, but not for my kids.

PS And this is a great post by the way and outlines the specifics for all the world to see.

Almost every (9?) one listed here is sexual abuse of a minor (and spouses) which does seem alarming and high.

When I lived on Rota, I reported a case that the then principal, now Senator, said was cultural. To be on the safe side, I also reported it to DPS, DYS, and the feds in case any of them didn't think forcing a 13 yr old to sleep with here 45 yr old uncle was normal.

My mistake on the 15 vs 5 as I Googled America but wrote down the numbers for the Americas…as in the two continents. I still don’t know the exact NMI rate but it must be 3 or 4 which is about the Oceana and SE Asian norm. We ain’t Japan or Singapore(both well under 1 per 100), but we are a lot better than US cities.

And for the record:Four of the top 10 most dangerous metropolitan areas for pedestrians are in Florida, according to a new report by a transportation and environmental group. The top four are Orlando, Miami, Jacksonville and Tampa. More than 47,700 pedestrians were killed in the U.S. between 2000 and 2009, and the majority of those deaths were preventable, according to Transportation for America. The group blames roadway designs backed by federal dollars for the unsafe conditions. 688,000 pedestrians were injured over the decade, a number equivalent to a pedestrian being struck by a car or truck every seven minutes. The report says that 12 percent of all nationwide fatalities are pedestrians. Of these fatalities, nearly 4,000 are children.

As for the Philippines, 86k persons were either raped, kidnapped, or murdered in 2010, so I don’t understand that comment above…certainly no one on earth would compare the safety factors between PI and Saipan unless you haven’t travelled much or haven’t been there in decades. Crimes against tourists in PI are disproportionately high. Angeles news recently reported 126 murders in 2011, 90 against tourists, and have recently allowed non-residents to carry hand guns!!! PI is the only place I've seen sawed off shotguns protecting a 5 pesos ice cream stand, a .45 long barrel on the inside of a pizza parlor and a kid with 9 mil w/14 shot clip and 1 in the chamber inside bullet proof glass...and thats the same pizza place.

Thank you for this Wall of Shame. I am sooo angry over the handling of the 911 call in Emie's case. I have absolutely no confidence that if my kids or I ever cry for help that it will be answered. Also, the brutal rape happened before Emie's murder, but where was it in the media so that females could extra precautions? Would Emie have been getting in the car with a man at 3AM if she knew there was a violent pervert on the loose??

We could have several serial rapists and/or serial killers on this island. Thank God Mafnas is here to save us.

3:42 I'd take my chances in the states than Saipan if I had a choice. The overall quality of life here would hit the lowest number on the scale. If everyone raped in the NMI came forward the list would be so long that Wendy couldn't fit it here. Add the ones that the cops hide and it'd be longer still. If it wasn't told here about the rape before Emie's death, would the cops have come out? You aren't helping by defending this mess and trying to make it less than it is. People like you are why nothing will change. And since we'll all be gone, you and 8:51 please turn out the light. Oh, forgot that the OUC will totally fail soon. No need.

Yes, the large cities in Florida have high numbers of pedestrians deaths. I live here. I drive. I cannot even begin to count the number of times my heart almost stopped as I slammed on the brakes trying to avoid people running across a 4 to 6 lane road or main street. We have so many people from foreign countries who need to be taught what a pedestrian walk is. They'll run across the road when the light is green 15 feet from a crosswalk. Another cause of pedestrian death is daylight savings time. Children are waiting for buses when it is still dark outside. Dangerous!

13 states may have a "mandatory minimum" sentence, but as far as actual jail time that must be imposed, the CNMI is the harshest. Out of states with a "mandatory minimum" jail sentence, Nevada has a 2 day mandatory sentence that can be converted to community service if the defendant is willing to undergo counseling. Other states with a "minimum mandatory" jail sentence allow first offender programs where there is no record of a conviction provided the defendant completes anger management or family counseling. The trend is to help keep the family together and get counseling, possibly even group counseling, so that the abuse will not continue.

You are incorrect. The trend is definitely NOT for counseling, because the only effective type of program is intensive batterers' intervention, which typically takes about 36 weeks. We don't have it in the CNMI, and probably never will. Anger management makes batterers more effective as abusers, and is no longer favored. Joint counseling is a cruel joke; making a victim go with her torturer to counseling sessions was never a good idea. Several states and even some municipalities have comparable penalties. And if ours is the strictest, we should be proud. If the OAG would stick to its "no-drop" policy, and if DPS would do its job, we might make a dent in the problem.

The real problem is that we have these walks and nothing really becomes of it except people get a free t-shirt.

To really address the problem of domestic violence in the CNMI, we need to have drug treatment, anger management and family counseling readily available as an option of the Court. Locking people up for 10 years really doesn't help matters when they get out and haven't learned a lesson. I think jail makes some offenders worse. We need to take back the night and invest in treatment programs that are proven to reduce recidivism.

Indeed, the major social problem in the CNMI, bar none, is the absurd proliferation of silly walks, marches, and protests.

It is precisely all these walks that have caused the problem. People participate, then think they have "done something."

The so-called Unity March of December 7, 2007 was the worst, because it gave cover to vengeful Democrats like George Miller and his vindictive sidekick Allen P. Stayman to strike back at the CNMI in retaliation for Abramoff's temporary successes. The Commonwealth is still suffering from this gross human rights violation by Miller, Stayman, and pals.

Then we go and vote for a sycophant Delegate like Kilili who perpetuates the colonial welfare mentality imposed by the Peace Corps left-overs.

Shame, shame, on American soil! Reap what you sow.

Instead of bogus marches, why not everyone try to improve himself? Spread good by doing good, not attacking those sacrificing themselves for the betterment of society.

Better yet, be the change you want to see. Get a degree in criminal justice and return to join DPS. Get a law degree and become a prosecutor, or a nursing degree and return to CHC. Run for local office. Personally help people in need, or give advice in person. Move to a residence in walking distance from your work.

I read through this post again...sickening, and then then left this comment below on mvariety.

Wendy's blog at unheardnomore has an itemized list of some CNMI crimes the past few years and it is quite alarming. The original point was that the Commonwealth is the most dangerous place in America. At first i didn't agree, but after reading through the list of pedophiles and perverts among us(many back out on the street due to our catch and release program), and knowing many others that weren’t reported in the news(like the girl raped at knifepoint 7 days before Emie was murdered) or not prosecuted, perhaps it is accurate to say the CNMI is the most dangerous place in the United States for little boys and girls, and also for young foreign national women. If you don’t believe that I would encourage you to read the blog post before you comment.

7:26 Please seek mental health help if you seriously believe these words you wrote:"Indeed, the major social problem in the CNMI, bar none, is the absurd proliferation of silly walks, marches, and protests.

It is precisely all these walks that have caused the problem. People participate, then think they have "done something."

The so-called Unity March of December 7, 2007 was the worst, because it gave cover to vengeful Democrats like George Miller and his vindictive sidekick Allen P. Stayman to strike back at the CNMI in retaliation for Abramoff's temporary successes. The Commonwealth is still suffering from this gross human rights violation by Miller, Stayman, and pals.

There is a hospital on life support, a broken utility system, a near bankrupt government, discrimination and hatred towards aliens even at federally funded offices, complete corruption and YOU think that walks, marches and protests are the major social problem in the CNMI? Actually, people who think like you are a major problem. Liars, people who make baseless claims and promote propaganda are a greater danger to society than expressing one's First Amendment rights. Throughout history marches, protests and walks have brought attention to severe problems and have brought about needed social changes.

And the stupidest lie is the one that Stayman and Miller are the CNMI's enemies. They are not. They support justice and democracy, unlike the leaders of the CNMI who support any idea that will fill their pockets or get them elected or re-elected. Grown ups accept responsibility for the messes that they make and clean them up. Children make excuses and defend the mess. Who are you?

Nothing will start change until the attitude of the voters change and we change the elected and put (and elect) competent people in positions that they are qualified for instead of putting them their because of family name.

BTW, Wendy that is a very good list, but as other have mentioned there are some missing that I am aware of, (but do not know the disposition of the case) I am sure that there are many more that various people are aware of also.

8:34 I am sure so many names are missing. It was so difficult and time-consuming to gather the data for the list that I just decided to print what I had. If you or any other reader has another name of an offender with a link or documentation please feel free to post it or email it to me and I will add it. Thanks.

It is very unlikely that these cases, statistics or crimes will stop under this administration that is filled with cabinet members who should be undergoing anger management and focus more on silly fights with the federal government or making traffick stops of aliens on the way to work at DPS and then slapping or worse the poor driver for no reason other than he can. To expect change out of these bullies is truly living in Pollyana land.